WVC 22 C- 1 - 3
§22C-1-3. Definitions.
As used in this article, unless the context clearly requires
a different meaning:

(1) "Authority" means the Water Development Authority provided
for in section four of this article, the duties, powers,
responsibilities and functions of which are specified in this
article.

(2) "Beneficial use" means a use of water by a person or by
the general public that is consistent with the public interest,
health and welfare in utilizing the water resources of this state,
including, but not limited to, domestic, agricultural, irrigation,
industrial, manufacturing, mining, power, public, sanitary, fish
and wildlife, state, county, municipal, navigational, recreational,
aesthetic and scenic use.

(3) "Board" means the Water Development Authority Board
provided for in section four of this article, which shall manage
and control the Water Development Authority.

(4) "Bond" or "water development revenue bond" means a revenue
bond, note or other evidence of indebtedness issued by the Water
Development Authority to effect the intents and purposes of this
article.

(6) "Cost" means, as applied to water development projects,
the cost of their acquisition and construction; the cost of acquisition of all land, rights-of-way, property rights, easements,
franchise rights and interests required by the authority for such
acquisition and construction; the cost of demolishing or removing
any buildings or structures on land so acquired, including the cost
of acquiring any lands to which such buildings or structures may be
moved; the cost of acquiring or constructing and equipping a
principal office and suboffices of the authority; the cost of
diverting highways, interchange of highways; access roads to
private property, including the cost of land or easements therefor;
the cost of all machinery, furnishings and equipment; all financing
charges and interest prior to and during construction and for no
more than eighteen months after completion of construction; the
cost of all engineering services and all expenses of research and
development with respect to public water facilities, stormwater
systems or wastewater facilities; the cost of all legal services
and expenses; the cost of all plans, specifications, surveys and
estimates of cost and revenues; all working capital and other
expenses necessary or incident to determining the feasibility or
practicability of acquiring or constructing any such project; all
administrative expenses and such other expenses as may be necessary
or incident to the acquisition or construction of the project; the
financing of such acquisition or construction, including the amount
authorized in the resolution of the authority providing for the
issuance of water development revenue bonds to be paid into any
special funds from the proceeds of such bonds; and the financing of the placing of any such project in operation. Any obligation or
expenses incurred by any governmental agency, with the approval of
the authority, for surveys, borings, preparation of plans and
specifications and other engineering services in connection with
the acquisition or construction of a project are a part of the cost
of such project and shall be reimbursed out of the proceeds of
loans or water development revenue bonds as authorized by the
provisions of this article.

(7) "Establishment" means an industrial establishment, mill,
factory, tannery, paper or pulp mill, mine, colliery, breaker or
mineral processing operation, quarry, refinery, well and each and
every industry or plant or works or activity in the operation or
process of which industrial wastes or other wastes are produced.

(8) "Governmental agency" means the state government or any
agency, department, division or unit thereof; counties;
municipalities; watershed improvement districts; soil conservation
districts; sanitary districts; public service districts; drainage
districts; regional governmental authorities and any other
governmental agency, entity, political subdivision, public
corporation or agency having the authority to acquire, construct or
operate public water facilities, stormwater systems or wastewater
facilities; the United States government or any agency, department,
division or unit thereof; and any agency, commission or authority
established pursuant to an interstate compact or agreement.

(9) "Industrial wastes" means any liquid, gaseous, solid or other waste substance or any combination thereof, resulting from or
incidental to any process of industry, manufacturing, trade or
business, or from or incidental to the development, processing or
recovery of any natural resources; and the admixture with such
industrial wastes of sewage or other wastes, as defined in this
section, are also industrial wastes.

(10) "Other wastes" means garbage, refuse, decayed wood,
sawdust, shavings, bark and other wood debris and residues, sand,
lime, cinders, ashes, offal, night soil, silt, oil, tar, dyestuffs,
acids, chemicals and all other materials or substances not sewage
or industrial wastes which may cause or might reasonably be
expected to cause or to contribute to the pollution of any of the
waters of this state.

(11) "Owner" includes all persons, copartnerships or
governmental agencies having any title or interest in any property
rights, easements and interests authorized to be acquired by this
article.

(12) "Person" means any public or private corporation,
institution, association, firm or company organized or existing
under the laws of this or any other state or country; the United
States or the State of West Virginia; any federal or state
governmental agency; political subdivision; county commission;
municipality; industry; sanitary district; public service district;
drainage district; soil conservation district; watershed
improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or
as a group or any other legal entity whatever.

(13) "Pollution" means: (a) The discharge, release, escape,
deposit or disposition, directly or indirectly, of treated or
untreated sewage, industrial wastes or other wastes, of whatever
kind or character, in or near any waters of the state, in such
condition, manner or quantity, as does, will or is likely to: (1)
contaminate or substantially contribute to the contamination of any
of such waters; or (2) alter or substantially contribute to the
alteration of the physical, chemical or biological properties of
any of such waters, if such contamination or alteration, or the
resulting contamination or alteration where a person only
contributes thereto, is to such an extent as to make any of such
waters: (i) Directly or indirectly harmful, detrimental or
injurious to the public health, safety and welfare; or (ii)
directly or indirectly detrimental to existing animal, bird, fish,
aquatic or plant life; or (iii) unsuitable for present or future
domestic, commercial, industrial, agricultural, recreational,
scenic or other legitimate uses; and also means (b) the discharge,
release, escape, deposit or disposition, directly or indirectly, of
treated or untreated sewage, industrial wastes or other wastes, of
whatever kind or character, in or near any waters of the state in
such condition, manner or quantity, as does, will or is likely to
reduce the quality of the waters of the state below the standards
established therefor by the United States or any department, agency, board or commission of this state authorized to establish
such standards.

(14) "Project" or "water development project" means any public
water facility, stormwater system or wastewater facility, the
acquisition or construction of which is authorized, in whole or in
part, by the Water Development Authority or the acquisition or
construction of which is financed, in whole or in part, from funds
made available by grant or loan by, or through, the authority as
provided in this article, including facilities, the acquisition or
construction of which is authorized, in whole or in part, by the
Water Development Authority or the acquisition or construction of
which is financed, in whole or in part, from funds made available
by grant or loan by, or through, the authority as provided in this
article, including all buildings and facilities which the authority
deems necessary for the operation of the project, together with all
property, rights, easements and interest which may be required for
the operation of the project, but excluding all buildings and
facilities used to produce electricity other than electricity for
consumption by the authority in the operation and maintenance of
the project.

(15) "Public roads" mean all public highways, roads and
streets in this state, whether maintained by the state, county,
municipality or other political subdivision.

(16) "Public utility facilities" means public utility plants
or installations and includes tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances of
any public utility.

(17) "Revenue" means any money or thing of value collected by,
or paid to, the Water Development Authority as rent, use or service
fee or charge for use of, or in connection with, any water
development project, or as principal of or interest, charges or
other fees on loans, or any other collections on loans made by the
Water Development Authority to governmental agencies to finance, in
whole or in part, the acquisition or construction of any water
development project or projects or other money or property which is
received and may be expended for or pledged as revenues pursuant to
this article.

(18) "Sewage" means water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration and surface waters as
may be present.

(19) "Stormwater system" means a stormwater system in its
entirety or any integral part thereof used to collect, control or
dispose of stormwater and an associated stormwater management
program. It includes all facilities, structures and natural water
courses used for collecting and conducting stormwater to, through
and from drainage areas to the points of final outlet, including,
but not limited to, any and all of the following: Inlets, conduits,
corals, outlets, channels, ponds, drainage ways, easements, water
quality facilities, catch basins, ditches, streams, gulches, flumes, culverts, siphons, retention or detention basins, dams,
floodwalls, pipes, flood control systems, levies and pumping
stations. The term "stormwater system" does not include highways,
road and drainage easements or stormwater facilities constructed,
owned or operated by the West Virginia Division of Highways.

(20) "Stormwater management program" means those activities
associated with the management, operation and maintenance and
control of stormwater and stormwater systems and includes, but is
not limited to, public education, stormwater and surface runoff
water quality improvement, mapping, planning, flood control,
inspection, enforcement and any other activities required by state
and federal law. The term "stormwater management program" does not
include those activities associated with the management, operation,
maintenance and control of highways, road and drainage easements or
stormwater facilities constructed, owned or operated by the West
Virginia Division of Highways without the express agreement of the
Commissioner of the Division of Highways.

(21) "Water resources", "water" or "waters" means any and all
water on or beneath the surface of the ground, whether percolating,
standing, diffused or flowing, wholly or partially within this
state, or bordering this state and within its jurisdiction, and
includes, without limiting the generality of the foregoing, natural
or artificial lakes, rivers, streams, creeks, branches, brooks,
ponds (except farm ponds, industrial settling basins and ponds and
water treatment facilities), impounding reservoirs, springs, wells and watercourses.

(22) "Wastewater" means any water containing sewage,
industrial wastes or other wastes or contaminants derived from the
prior use of such water and includes, without limiting the
generality of the foregoing, surface water of the type storm sewers
are designed to collect and dispose of.

(23) "Wastewater facilities" means facilities for the purpose
of treating, neutralizing, disposing of, stabilizing, cooling,
segregating or holding wastewater, including, without limiting the
generality of the foregoing, facilities for the treatment and
disposal of sewage, industrial wastes or other wastes, waste water
and the residue thereof; facilities for the temporary or permanent
impoundment of wastewater, both surface and underground; and
sanitary sewers or other collection systems, whether on the surface
or underground, designed to transport wastewater together with the
equipment and furnishings thereof and their appurtenances and
systems, whether on the surface or underground, including force
mains and pumping facilities therefor.

(24) "Water facility" means all facilities, land and equipment
used for the collection of water, both surface and underground,
transportation of water, treatment of water and distribution of
water all for the purpose of providing potable, sanitary water
suitable for human consumption and use.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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